THANJAVUR DISTRICT EMPLOYEES CO OPERATIVE SOCIETIES EMPLOYEES UNION THANJAVUR Vs. SECRETARY TO GOVERNMENT CO OPERATION FOOD AND CONSUMER PROTECTION DEPARTMENT CHENNAI

JUDGEMENT

(1.) PETITION praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned G.O.Ms.No.89, Co-operation, Food and Consumer Protection Department, dated 16.5. 2000 of the first respondent and quash the Clauses 2.03, 3.03 and 4.03 modifying the recommendations of the Streamlining Committee, as illegal and against law and direct the first respondent to implement the recommendations of the Streamlining Committee and amend the G.O. accordingly.

(2.) IN the affidavit filed in support of the writ petition, the Thanjavur District Co-operative Credit Societies Employees Union would allege that there are 35 Thrift and Credit Co-operative Societies registered under the provisions of the Co-operative Societies Act, 1961 and they have employed 70 employees only and in connection with the scale of pay and other benefits payable to them, the petitioner used to enter into a settlement either under Sec.12(3) or under Sec.18(1) of the INdustrial Disputes Act, 1947 "in order to streamline the disparities in the scale of pay among employees of different co-operative societies in the same cadre and discharging similar functions and duties, the Government by G.O. O.(D) No.18, Co-operative Food and Consumer Protection Department, dated 21.1.1999 constituted a Streamlining Committee with the Tamil Nadu Employees Co-operative Societies Federation as one of its members which made several recommendations in respect of pay scale, allowances cadre strength categorisation etc.; that the Government after examining the recommendations of the committee passed G.O.Ms.89, dated 16.5.2000 accepting most of the recommendations and modifying certain others, further, directing the Registrar of Co-operative Societies to implement the G.O. to enter into a settlement under Sec.12(3) or under18(1) of the INdustrial Disputes Act; only if the employees accept and agree into the recommendations annexed to the above G.O., resulting in the Registrar issuing the circular in RC No.20795 of 1998 VB-I, dated 29.5.2000 directing the societies to enter a fresh settlement on the basis of the recommendations made in the above G.O., and the Union found several patent and apparent discrepancies and sent representations to consider the modifications to certain recommendations. They are: 2.03: IN the event of a society achieving thenorms prescribed to a higher grade, such society shall be deemed to have achieved that higher status only if the norms prescribed to such higher grade is maintained at least for a period of one full co-operative year. The recommendations of the Committee is accepted subject to the modification that norms prescribed to such higher grade is maintained consecutively and conclusively for at least 3 full cooperative years. 3.03: Selection Grade and Special Grade Scale of Pay: Selection Grade on completion of 10 years and Special Grade on completion of 20 years as applicable to Tamil Nadu State Government employees may be conferred. Awarding of Selection Grade and Special Grade is not accepted. 4.03: Extending the packages and other benefits to the temporary employees: The Government may consider extending the pay package and other benefits to these employees (temporary employees) whose services have not so far been regularised for one reason or other and who have been put in a service of not less than 480 days within a continuous period of two years subject to the condition that the status of such employees will remain as it is till a decision to regularise their services are taken by the Government for in the case of employees of Primary Agricultural Co-operative Banks in Registrar's Coopera-tive Societies letter RC.158681/91 CR-1, dated 24.2.1994. Till Government take a decision on the irregular appointment made in Co-operative INstitutions, it may not be proper to allow revised scale of pay to the irregular employees also. Hence, the wage revision is applicable only to regular employees. Aggrieved of the said recommendations of the Government, the petitioner has come forward to file the above writ petition.

(3.) IN consideration of the pleadings by parties, having regard to the materials placed on record and upon hearing the learned counsel for both, the petitioner Employees Co-operative Societies Union has come forward with this writ petition on behalf of the members of the union, who are the employees of the Co-operative Thrift and Credit Societies seeking to implement the recommendations of the streamlining committee appointed by the Government itself. So far as it is concerned with Clauses 2.03, 3.03 and 4.03, thereby modifying the recommendations of the streamlining committee are not accepted by the Government further directing to implement the other recommendations of the streamlining committee.